On April 9, the whole nation is swept black do to hold a press conference first, release procuratorate of top people court, top people, the Ministry of Public Security and judiciary publicly to combine print and distribute sweep about dealing with black 4 opinions that remove evil case. "Two two tall " chief answered reporter query about the problem with respect to 4 opinions.
"Vicious power, cover a road to borrow, black belongings, weak force "
These come from folk to come from the noun of the network
Had nowadays " the government is appointed " explanation
Make legal term
The whole nation is swept black do first the press conference announced 4 law file at a heat, from Qing Dynasty of legal level li these 4 concepts --
1, vicious power: It is to point to often get together is together, with violent, minatory other perhaps measure, in particular area illegal crime activity perhaps is carried out for many times inside the industry, to be not do evil, common people of bully and oppress, order of life of disturbed economy, society, cause relatively abominable society effect, but the illegal crime organization that has not form gangdom property to organize. 2, " cover a road to borrow " : It is right it is a purpose with detinue, folk of make use of's leasehold name, prevail on or force the injured party to sign " leasehold " or covert " leasehold " " guaranty " " assure " wait for relevant agreement, add the means such as evidence of the leasehold amount, baleful production break a contact, wanton cognizance break a contact, reimbursement that destroy conceal to form debt of false creditor's rights through empty, and the generality appellation of the activity of relevant illegal crime that lawsuit of have the aid of, arbitral, notarization perhaps uses property of the injured party of violent, menace and other measure detinue. 3, " weak force " : It is to show behavior person is seek illegal profit or form illegal influence, perhaps undertake in concerned place to other mobbish, pester, fool be troubled by, gather a crowd go to situation, enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, affect normal life, job, production, management illegal crime resort. 4, handle " black belongings " : The judiciary is in find out black vicious power to the organization violates guilty fact and conviction lawfully to member of black vicious power measurement of penalty while, want to investigate the belongings condition of organization of black vicious power and its member in the round, adopt inquiry to experience case belongings lawfully, close down, sequestered, freeze wait for measure, and the case that the basis proves, make processing lawfully. The pursue and wipe out that processing includes to wait to criminal crime earning already, confiscate, also include lawful to the injured party property return lawfully still."Cover a road to borrow " how divisional
What is " weak force "
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"Two two tall " chief detailed solution is swept black except evil keyword
"Cover a road to borrow " as leasehold as folk how divisional? What behavior can be limitted to be " weak force " guilty method? Sweeping black how is lawyer function effect produced in dividing evil special accuse and denounce at a meeting...
Sweep in the whole nation black do a press conference, central politics and law appoint secretary-general, whole nation is swept black the setting that does director Chen Yixin to introduce 4 files to come on stage and meaning, public security organs manages " two tall " " two " reporter of answer of controller of 4 deputy ministry class quizs.
Total stage of central broadcasting television (CCTV) reporter: It is excuse me in judicatory practice, limit " weak force " what problem should note?
Undersecretary of the Ministry of Public Security,
The whole nation is swept black do Wei of vice director Du Hang
Undersecretary of the Ministry of Public Security, whole nation sweeps black do Wei of vice director Du Hang: This " two two tall " the opinion that publishs jointly will " weak force " limit the guilty instrument that is a kind to stand side by side with violent, minatory method. Those who regard crime as the method " weak force " , it is a kind of method of behavior only, not be a on criminal law meaning complete criminality. That is to say, "Weak force " the action shift that can regard provoke affray as the blame already, also can regard the behavior of blackmail blame as the method, resemble violent means can regarding intended harm as the method of the blame already, like also can serving as the method that imprisons a blame illegally. Of particularly ambitious attune is, "Weak force " violate guilty measure as a kind, whether can make crime, return what should accord with specific accusation to make important document; Whether make black vicious power, return the cognizance standard of the feature that ought to accord with black vicious power and black vicious power.
About " weak force " the method holds an issue, the opinion maintains a level objectively clearly technically. What should emphasize here is, two are told in the opinion " enough " , namely " weak force " ought to enough makes other produces scared, panic to form psychology to enforce then, or freedom of person of enough influence, limitation, endanger person belongings security, the effect is normal the life, job, production, manage, ability makes the instrument of illegal crime. Case can be maintained to what for " enough " , the opinion also was made refine further.
" legal daily " reporter: The lawyer is to deal with sweep black the important participator that divides evil case. How is judiciary to coach lawyer team is being swept excuse me black in dividing evil special accuse and denounce at a meeting produce function effect actively? Fulfil these 4 opinions to next carrying out, what arrangement does judiciary have?
Judiciary undersecretary Liu Zhenyu
Judiciary undersecretary Liu Zhenyu: 4 opinions that publish this, content involves black vicious power, belongings to deal with, " weak force " " cover a road to borrow " wait for many respects, to judicatory practice has very strong specific aim and directiveness. Next, judiciary has made the focal point the work of 3 respects: It is to do academic be used to to groom. Serious study carries out the relevant personnel that should organize system of countrywide judicatory administration namely opinion spirit, direct bar association undertakes to the lawyer special subject grooms, help lawyer is accurate hold spirit of relevant law provision, policy, cogent rise handle a case quality and level. 2 it is to fulfil working responsibility strictly, ask various judicatory executive authority coachs supervisory lawyer is depended on lawfully seriously compasses begin apologetic representative, assist a judiciary to do good case fact to close, evidence closes, the program shuts and law is applicable close accuse, with cogent the legitimate rights and interests that safeguards party, safeguard judicatory fairness and justice. 3 it is farther perfect system and mechanism, farther perfect lawyer hold property right ensures system mechanism, safeguard a lawyer to be interviewed in handling case of crime of black vicious power, read roll wait for each lawsuit right, proper,begin for the lawyer hold industry activity creates good condition, drive a lawyer to participate in ceaselessly sweep black the development that divides evil special accuse and denounce at a meeting is begun, produce bigger effect.
Total stage of central broadcasting television (center is wide) reporter: "Weak force " a what kind of situation does crime present now? What behavior can be limitted to be " weak force " guilty method?
Undersecretary of the Ministry of Public Security, whole nation sweeps black do Wei of vice director Du Hang: Develop as economic society, sweep black increasing except evil strength, black vicious power is hit to escape, gimmick of ceaseless commutation crime, gradually slam the door original carry torches and weapons in a robbery-conduct evil activities openly, dozen dozen kill killed apparently violent measure, turn and adopt what become psychology easily to enforce to other form " weak force " . "Weak force " make a way increasing, criminal, especially criminal of a few black vicious power is planted with this gimmick is increasing also. Dog for instance mobbish other, ill will informs against frame a case against, sow dirge to place lacquer of wreath, fuel injection to block keyhole up, place field manner demonstrate to wait. We often can report from media of a few news, perhaps see from inside a few case, this is us enumerated " weak force " guilty gimmick.
From expression formally looks, "Weak force " differ apparently with force, but its harm consequence commits a crime with conventional force however identical, even some of consequence that cause exceeded traditional and violent crime. For instance, when before long detect does before mechanism of Zhejiang public security " cover a road to borrow " in the case, fall into debt when the injured party trap, insolvent when, guilty gang passes friend of pair of the injured party and its family member, address book to undertake menace, threaten, annoy wait for a method, press the injured party repays empty high debt. Because Zhang Mou of the injured party is insolvent empty high debt, those who suffer this gang " weak force " urge close, gang member sends all sorts of threatening to its, contumelious picture, final Zhang Mou can'ts bear bearing, be forced commit suicide.
In the opinion that makes this, right " weak force " guilty expression form was made list specificly. It is to violate the measure of person right, democratic right, property right, if dog,stick lean, pestiferous, mudslinging, ill will informs against threaten, circumvent of bring a false charge against sb, destroy, occupy property by force to wait; The 2 methods that are disturbed and normal life, job, production, management order, if invade other house illegally, destroy living facilities, setting word of the life obstacle, gush that stick a newspaper, pull hang a banner, set off firecracker, broadcast funeral music, put contamination of wreath, douse, cut off the water supply cut off the power, and through driving from personnel of course of study, accredit the means such as personnel guard division of workshop of control of direct or indirect ground, office, production division, management place; The 3 methods that are disturbed society order, if place field manner put on a show of force, gather a crowd fool be troubled by make trouble of mobbish, block the way to wait; 4 it is to accord with " weak force " the method of other illegal crime of the definition. In addition, to passing website sth resembling a net or communication tool is carried out, should accord with only " weak force " the illegal crime method of the definition, also ought to maintain for " weak force " .
Reporter of Xinhua News Agency: The opinion is black to experience of evil crime belongings deal with manner increases a provision " pursue and wipe out, confiscate other equivalence property " , it is excuse me in particular executive procedure, how to prevent to damage pass an imperial examination of the accused person the legitimate rights and interests of 3 people?
Highest check deputy chief procurator,
The whole nation is swept black do vice director Chen Guoqing
Deputy chief procurator of top people procuratorate, whole nation sweeps black do vice director Chen Guoqing: After special in January 2018 accuse and denounce at a meeting is begun, "Two two tall " make allotted " about handling case of crime of black vicious power the directive opinion of a certain number of problems " , unified execute the law thought, execute the law clearly measure. Among them, this opinion sets the 29th times: Lawfully ought to pursue and wipe out, confiscatory experience case property cannot be found, be obtained by other kindness, value destroys break or mix with other and lawful belongings and cannot intersected, can pursue and wipe out, confiscate other equivalence property. This regulation accords with the need that judicatory fulfils, also the basic principle of be good law, include " U.N. blow is crossed condition have constituent crime pact " also made similar provision to this.
In judicatory practice, many basic level manage law personnel puts forward, ought to set the standard that unites clearly to coaching how the opinion is operated the 29th times 2018. For instance, what cries " cannot find " , to avoid to be opposite " cannot find " understanding produces different meanings, this opinion undertook demonstrative to this, "Cannot find " point to namely evidence proves to exist lawfully ought to pursue and wipe out, confiscated property, but cannot check of belongings whereaboutldirection, whereabouts. If the accused person has different opinion, ought to show relevant evidence.
Adopt deal with there must be evidence to be able to prove belongings cannot be found when equivalence belongings, be obtained by other kindness, value destroys break or mix with other and lawful belongings and cannot break up, have these cases, ability is started confiscate equivalence property means of this kind of processing. In the meantime, the opinion also gifted the right that the accused person can offer different opinion, but quote of person of need the accused. Also this opinion emphasizes the quits sex of property amount particularly, confiscatory property amount must be with lawfully ought to amount of pursue and wipe out, confiscatory correspondence of experience case belongings, must be equivalence belongings, want to notice to protect the accused person and legitimate rights and interests of the 3rd person in carry out.
" People's Daily " reporter: People is right detest of black vicious power, but what is black, what is evil, the person that does not have a contact to cross law to work more very much is likely and the idea with very clear neither one, how does property organize guilty group and gangdom to be distinguished after all to vicious power excuse me?
Assistant dean of top people court, whole nation sweeps black do vice director Jiang Wei: This problem is the problem that often encounters in judicatory practice, involve blame and punished issue. Vicious power group belongs to collective crime, with gangdom property the organization has certain and similar sex, in practice be opposite easily both generation is promiscuous. Their same point: It is to have violent sex, it is to pass force to perhaps undertake illegal guilty activity with the method such as violent photograph menace; 2 it is to have the sex that pursue interest, it is the purpose that fights firm to obtain interest of aid of seize go on a pilgrimage for Buddhist scriptures through do evil; 3 it is to have constituent sex, have definite constituent pattern; 4 it is to have similar harm sex, to be not common people of do evil, bully and oppress. Common ground is told, the low end that group of vicious power crime is gangdom property organization configuration, it is blow focal point.
But go up in legal meaning, group of vicious power crime and gangdom property organization are two kinds of different criminality, guilty property is different, legal consequence is different also, cannot undertake confuse sth with sth else to both so. Criminal law the 294th special provision organization, leader, attend gangdom property to organize a blame, set corresponding penalty. So gangdom property organization is a kind of independent criminality, and vicious power is not concept of a law, also not be independent accusation, however the special form of a kind of collective crime, be the consideration wants when measurement of penalty from heavy clue.
In practice, hold group of vicious power crime and the distinction that gangdom property organizes commonly from the following respects: It is to organize degree to differ. The organization that gangdom property organizes stabler, structure is more of closer, number, regular more specific also. The active participant that gangdom property organization has the backbone member that secures clear organization, leader, basically, relative stability commonly, step of these 3 layers is more obvious, duty division of labor is relatively clear. 2 it is economic feature differs. Many gangdom property organizations have apparent company to change run feature, have greater economic actual strength than group of vicious power crime, can produce major effect to some economy domain, realize forestall in proper place even. 3 it is to endanger degree to differ. Whether to form in particular area, industry oppose social order, realized illegal control, it is to maintain gangdom property organization to hold water conclusive mark, the key that also is gangdom property organization and group of vicious power crime distinguishs a dot.
" Chinese youth signs up for " reporter: Can you deny tie how does particular case talk to distinguish " cover a road to borrow " as leasehold as folk?
Assistant dean of top people court, whole nation sweeps black do vice director Jiang Wei: "Cover a road to borrow " it is pair of some kind of criminality appellative, specific saying is right it is a purpose with detinue, prevail on or force the injured party to sign " leasehold " or covert " leasehold " " guaranty " " assure " wait for relevant agreement, add the means such as leasehold amount, baleful production break a contact, wanton cognizance break a contact to form debt of false creditor's rights through empty, have the generality title of the activity of relevant illegal crime of property of the injured party with illegal means. In " cover a road to borrow " in the case, folk of behavior person make use of's leasehold name, have very strong concealment gender and puzzle quality. "Cover a road to borrow " leasehold and as both as common folk having substaintial distinction. Folk's leasehold capital and legal interest all get legal protection, and " cover a road to borrow " belong to illegal criminality substantially, "Cover a road to borrow " essence, it is one is wrapping around the solid fraud of bilk of travel of civilian leasehold appearance, merit law penalizes.
In practice, divisional " cover a road to borrow " with folk leasehold and main have the following:
The first, look law of no more than has other belongings objective, this is " cover a road to borrow " as leasehold as folk substaintial distinction. Folk's leasehold purpose is to get interest income, leasehold both sides is subjective the circumstance that goes up not to hope to produce beak a contract, lender hope borrower can on time reimbursement, and " cover a road to borrow " be it is cover with loan, cover a region through the design, entice, press borrower base high debt, achieve the goal of detinue borrower belongings finally. For instance, in some cases, the accused is factitious the house property that owns borrower, with respect to prevail on other first loan 50 thousand yuan, agree to remand inside 5 years with a variety of excuse next loan principal and interest 190 thousand yuan. Subsequently the accused person is used wanton cognizance break a contact, false turn the method base high debt such as Chan Ping Zhang, change the house property of borrower guaranty, finally forcibly now, the belongings of final detinue borrower amounts to 1.02 million yuan. Visible, "Cover a road to borrow " the purpose is not to get conventional interest, however the belongings for detinue the injured party.
The 2nd, look to whether be had " bilk " property. Folk is leasehold it is the leasehold behavior below bilateral and real intention, and " cover a road to borrow " have cheated quality. Behavior person deliberatelies plan to design all sorts of covering road, false appearance of debt of production creditor's rights, belongings of other of illegal forcibly occupy. For example, some criminals often are met with low interest, wait to attract the injured party for bait without guaranty " swallow the bait " , because of industry established practice prevail on the injured party signs contract of empty fast borrow or lend money, pretend to want only on time reimbursement, the loan amount with high empty need not be returned, make next give phonily pay a mark, use reject to accept the means such as reimbursement to make break a promise painstakingly, through a series of " cover a region " form debt of high specified number, achieve the goal of detinue other property.
The 3rd, look demand repayment whether is the method had mandatory. "Cover a road to borrow " the loan amount with production high empty, violate the volition of the injured party, the injured party cannot be freewill repay a debt, so " cover a road to borrow " behavior person often use both hard and soft tactics demands payment of a debt, normally with force, " weak force " , mobbish or the means such as lawsuit of have the aid of, force repay a debt of the injured party.
Those who need an attention is, divisional " cover a road to borrow " with folk leasehold, should mix according to case fact evidence is integrated judge, cannot pay close attention to a certain element, a certain clue only. For example, cannot look merely have demand repayment without force behavior will distinguish both, civilian leasehold activity is caused possibly also demand repayment illegally behavior, like when demanding repayment, with force violent perhaps photograph browbeats. If this one behavior forms intended harm to imprison those who wait for crime illegally perhaps, want to investigate criminal duty lawfully, the force that because folk is leasehold,causes that is to say demands repayment behavior, the wants phasing to close charge that be good law sets, but cannot maintain for " cover a road to borrow " the vicious power in the case commits a crime.
